Tuggle v. Estate of Robinson
Tuggle v. Estate of Robinson
Opinion of the Court
In February, 1972, the appellant Ms. Tuggle, in accordance with a sales contract, conveyed by warranty deed certain property located in Doraville to E. E. Robinson. On its face, the warranty deed contained no reservations but constituted an unconditional transfer of the property. At the time of closing, a closing statement was prepared and disbursements made in accordance therewith. Ms. Tuggle was given a one-year option to repurchase the property. She simultaneously executed a lease for the rental of the property for a year, thus remaining in possession. At the end of that year, an option for a second year was offered, and the lease, at an increased rental, was also extended for a year. Ms. Tuggle paid a monthly amount equal to the rental until April, 1976. From the date of the transfer, Robinson or his estate paid the property taxes on the property. Additionally, Robinson assumed and made payments on existing liens. From 1974, when the second lease and option expired,
1. It was not error to refuse the testimony of Ms. Tuggle relating to her conversations and transactions with the deceased. While she was competent to rebut the testimony of appellee’s witnesses, this does not extend to evidence of her conversations and dealings with the decedent. Jones v. Teasley, 25 Ga. App. 784 (105 SE 46).
2. We also conclude that the trial court did not err in granting a directed verdict for appellee upon motion. Ms. Tuggle admitted that she executed a sales contract, a warranty deed, a closing statement, leases and paid monthly the amount of money stipulated in those leases. These documents were clear, unambiguous and indicated a transfer of property from Ms. Tuggle to Mr. Robinson without condition. The legal effect of the deed and leases was for the court, and parol evidence tending to show that the warranty deed in fact constituted a security deed or mortgage, was properly rejected by the trial court in determining the legal effect of the documents inasmuch as the documents were unambiguous, and no charge of fraud, accident or mistake was made. Keith v. Catchings, 64 Ga. 773. There being no competent evidence to rebut the appellee’s showing or appellant’s admission of the authenticity and effect of the warranty deed, the trial court did not err in directing a verdict in favor of appellee.
Judgment affirmed.
Reference
- Full Case Name
- TUGGLE v. ESTATE OF E. E. ROBINSON
- Cited By
- 2 cases
- Status
- Published